Violence Against Women Education Project

Transcription

1 Violence Against Women Education Project ANNUAL REPORT October 1, 2010 September 30, 2011 This publication was supported by Grant No. CW from the California Emergency Management Agency (Cal EMA). The points of view, opinions, findings, conclusions, and recommendations expressed in this publication are those of the author and do not necessarily represent the official position or policies of the Cal EMA. Cal EMA reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, and use materials and to authorize others to do so.

2 Violence Against Women Education Project ANNUAL REPORT October 1, 2010 September 30, 2011 Judicial Council of California Administrative Office of the Courts June 2012

3 ABOUT THIS PROJECT This publication was supported by Grant No. CW from the California Emergency Management Agency (Cal EMA). The points of view, opinions, findings, conclusions, and recommendations expressed in this publication are those of the author and do not necessarily represent the official position or policies of the Cal EMA. Cal EMA reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, and use materials and to authorize others to do so. JUDICIAL COUNCIL OF CALIFORNIA/ ADMINISTRATIVE OFFICE OF THE COURTS Jody Patel Interim Administrative Director of the Courts Curt Soderlund Interim Deputy Director Mary M. Roberts General Counsel Diane Nunn, Director Center for Families, Children & the Courts VIOLENCE AGAINST WOMEN EDUCATION PROJECT STAFF Bonnie Rose Hough Managing Attorney and Project Manager Penelope Davis Senior Court Services Analyst Angelica Souza Administrative Coordinator Carly Thomas Administrative Coordinator Jennifer Walter Supervising Attorney Bobbie Welling Supervising Attorney ii

4 PLANNING COMMITTEE Hon. Mary Ann Grilli, Chair Judge, Superior Court of Santa Clara County Hon. Deborah B. Andrews Judge, Superior Court of Los Angeles County Hon. Susan M. Breall Judge, Superior Court of San Francisco County Hon. Norma Castellanos-Perez Commissioner, Superior Court of Tulare County Ms. Emberly Cross, Coordinating Attorney, Cooperative Restraining Order Clinic, San Francisco Hon. Lewis A. Davis Judge, Superior Court of Contra Costa County Hon. Becky Lynn Dugan Judge, Superior Court of Riverside County Hon. Harry Mark Elias Judge, Superior Court of San Diego County Hon. Sherrill A. Ellsworth Presiding Judge, Superior Court of Riverside County Hon. Scott M. Gordon Judge, Superior Court of Los Angeles County Hon. Arlan L. Harrell Judge, Superior Court of Fresno County Ms. Sandra Henriquez, Executive Director California Coalition Against Sexual Assault (CALCASA) Hon. Joni T. Hiramoto Judge, Superior Court of Contra Costa County Hon. Sam Lavorato, Jr. Judge, Superior Court of Monterey County Mr. Rick Layon Layon & Holck, San Diego Ms. Kathy Moore, Associate Director California Partnership to End Domestic Violence Ms. Nancy O Malley, District Attorney Alameda County District Attorney s Office Mr. Ed Pecinovsky, Chief Training Program Services Bureau, California Commission on Police Officer Standards and Training (POST), Sacramento Ms. Tara Shabazz, Executive Director California Partnership to End Domestic Violence Ms. Lynda Smallenberger, Executive Director Kene Me-Wu Family Healing Center, Inc., Sonora Detective Roena Spiller San Mateo County Sheriff s Office Mr. Mark Varela, Chief Probation Officer Ventura County Probation Agency Hon. Glenda Veasey Commissioner, Superior Court of Los Angeles County Mr. Martin Vranicar, Jr., Assistant Chief Executive Officer, California District Attorneys Association, Sacramento Ms. Claire Williams, Director, Unified Family Court, Superior Court of San Francisco County Ms. Kimberly Wong, Legislative/Policy Advisor Los Angeles Public Defender Office Ms. Ellen Yin-Wycoff, Interim Executive Director California Coalition Against Sexual Assault (CALCASA) iii

5 For additional information about activities of the Violence Against Women Education Project (VAWEP) or to submit comments and inquiries, please contact: Bobbie Welling, Supervising Attorney Telephone: Fax: Jennifer Walter, Supervising Attorney Telephone: Fax: by Judicial Council of California/Administrative Office of the Courts. All rights reserved. Published June This report is also available on the California Courts Web site: For additional copies, please call the Center for Families, Children & the Courts at or write to: Judicial Council of California Administrative Office of the Courts Center for Families, Children & the Courts Attention: Violence Against Women Education Project (VAWEP) 455 Golden Gate Avenue San Francisco, CA

6 Project Mission The mission of the Violence Against Women Education Project is to enhance the court s response to domestic violence, sexual assault, stalking, teen dating violence, elder abuse, and issues through the following activities: Identify primary educational and informational needs of the courts on domestic violence, sexual assault, stalking, teen dating violence, and elder abuse issues; Initiate new judicial branch educational programming pertaining to domestic violence, sexual assault, stalking, teen dating violence, and elder abuse including the delivery of regional training events and enhancing existing programming; Develop online courses for judicial officers and court staff relating to court procedure and policy in the areas of domestic violence, sexual assault, stalking, teen dating violence, and elder abuse; Develop and compile useful information for the courts on domestic violence, sexual assault, stalking, teen dating violence, and elder abuse issues that relates specifically to California law; Institutionalize inclusion of domestic violence, sexual assault, stalking, teen dating violence, and elder abuse issues in all relevant judicial branch education curricula, programs, and publications; Create incentives designed to increase attendance and participation in judicial branch education relating to domestic violence, sexual assault, stalking; teen dating violence, human trafficking, and elder abuse; Increase communication among courts about best practices in domestic violence, sexual assault, stalking, teen dating violence, and elder abuse cases; Provide jurisdiction-specific technical assistance on domestic violence, sexual assault, stalking, teen dating violence, elder abuse issues, and human trafficking issues of the greatest importance to local courts; Create educational tools that aid in the administration of justice for self-represented litigants in domestic violence cases; Purchase computer or audiovisual equipment for court-specific domestic violence related projects; and Enhance access to and improve the administration of justice for Native American victims of domestic violence, sexual assault, stalking, teen dating violence, and elder abuse. v

7 1 Education in Domestic Violence, Sexual Assault, Stalking, Teen Dating Violence, and Elder Abuse Cases: A Critical Need M any of California s state and tribal court judicial officers, whether they hear criminal cases, restraining order proceedings, juvenile dependency cases alleging violence, teen dating violence delinquency cases, or family law cases involving contested divorce and custody arrangements, are at some point likely to encounter issues related to domestic violence, sexual assault, stalking, teen dating violence, and elder abuse. These types of cases differ from others in that they appear in a variety of court contexts and departments. Judges in any assignment or jurisdiction can benefit from a working knowledge of the unique issues that these cases pose, while judicial officers presiding over specialized courts (such as criminal domestic violence or Domestic Violence Protection Act courts) need continuing, relevant, and advanced information and resources. Other court professionals play a critical role in ensuring access to the courts for the parties in these cases. From the counter clerk who may be the first representative of the court system to assist a victim of domestic violence, to the bailiff in the courtroom who performs crucial safety functions, to the document examiner who ensures that legal requirements are met all work together to help administer these cases. Each court professional needs essential job-related information: an understanding of the law and procedure underlying these cases, knowledge about the dynamics of domestic violence, a grounding in the basic principles of public service and safety, and information about how to reduce the stress of functioning in this difficult area. Thus, ongoing and pertinent education for judicial officers and other judicial branch professionals is critically important to the fair and efficient administration of justice in these important cases. The Violence Against Women Education Project (VAWEP) is an initiative designed to meet this need. VAWEP is a project of the Administrative Office of the Courts (AOC), Center for Families, Children & the Courts (CFCC). VAWEP provides to the tribal and state courts information, educational materials, training, and technical assistance on the role of the courts in responding to domestic violence, sexual assault, stalking, teen dating violence, elder abuse, and human trafficking cases in family, civil, criminal, and juvenile courts in California. VAWEP also assists local courts in developing education, policy, and promising practices and provides for the purchase of computer or audio visual equipment to improve the handling of cases involving domestic violence. VAWEP ANNUAL REPORT, OCTOBER 1, 2010-SEPTEMBER 30, 2011

8 2 continually assesses the greatest information and training needs of the courts and designs programs responsive to those needs. FUNDING INFORMATION This year marked the ninth year of the VAWEP initiative. The project is funded by the California Emergency Management Agency (Cal EMA) with resources from the federal Office on Violence Against Women (OVW) STOP (Services Training Officers Prosecutors) grant program. (See the appendix, on page 32, for a description of the STOP purpose areas.) Each state is required to allocate 5 percent of its annual STOP grant funding to support the courts in creating a more effective response to domestic violence, sexual assault, stalking, and teen dating violence cases. The project received $659,694 in funding from OVW and Cal EMA that allowed the Administrative Office of the Courts to continue and enhance its efforts to educate and inform judicial officers and court staff about domestic violence, sexual assault, stalking, teen dating violence, and elder abuse issues and to address the needs of Native American communities in the area of family violence VIOLENCE AGAINST WOMEN EDUCATION PROJECT

9 3 Review of VAWEP Activities: October 1, 2010 September 30, 2011 In an effort to meet the project s goals and comply with the program purpose areas set forth by the Office on Violence Against Women, VAWEP staff and planning committee members undertook activities in three major areas: the delivery of educational events; the distribution of technical assistance to local trial courts and regions; and the development of teaching materials, resources, and publications. In addition to the educational activities, the project initiated an objective to ensure that protective orders issued from tribal courts are fully recognized. A brief summary of each of these activities is provided in the following pages. TRIBAL PROJECTS The project set out to develop a statewide procedure to register tribal court protective orders in state court. Native victims who are able to go to tribal court to obtain protection encounter problems with their orders being recognized and enforced. Law enforcement reports that they are unable to verify that the tribal orders are valid orders because they are not entered into the statewide registry maintained by the California Department of Justice. Local jurisdictions have developed local protocols that workaround this problem. During the reporting period staff drafted and proposed a rule of court to address this issue. The proposal is expected to be presented to the Judicial Council for consideration in January EDUCATIONAL EVENTS Since the project s inception in 2002, more than 16,120 attendees have participated in VAWEP-sponsored training events and forums. VAWEP participants are primarily judges, commissioners, referees, and court staff. Some programs also involve justice system entities such as attorneys, mental health providers, law enforcement, and advocates. In an ongoing effort to include the Native American community, participants included tribal judges and Native American advocates, service providers, and community leaders. A description of the VAWEP educational events held during this grant year follows. Continuing Judicial Education: Primary Assignment Orientation Program and Criminal Assignment Courses (October 2010, January, February, June, and September 2011) This section includes courses held within the Primary Assignment Orientation programs and a series of courses held within the Criminal Assignment Courses program. The Primary Assignment Orientations are week-long programs offered to new or newly assigned judicial officers and include courses in family law, criminal law, juvenile dependency, juvenile delinquency and probate. A series of eleven vi

10 4 domestic-violence related courses were held as part of the Primary Assignment Orientations. The Criminal Assignment Courses are often held in conjunction with the Primary Assignment Orientations but are typically one-to-three days in duration and focus specifically on criminal issues. Family Law Primary Assignment Orientation Programs (October 2010, January and September 2011) Each week-long Family Law Primary Assignments Orientation contained two components on domestic violence. These components were entitled Domestic Violence Laws and The Effects of Domestic Violence on Children. Twenty-five judicial officers attended the October program, twenty-six judicial officers attended the January program, and fourteen attended the September program. These components included topics that focused on the effects of domestic violence on children, outcomes for children exposed to domestic violence, domestic violence law and custody issues. A sample of the comments received from these programs follows: Review of the domestic violence rules and recent changes to the law [were the most beneficial parts of the domestic violence segment]. The discussions and hypothetical scenarios were very helpful and informative. The presentation by Dr. Lund was useful in understanding parenting plans. Excellent presentations by both faculty. The discussion about the Domestic Violence Prevention Act (DVPA) orders was very helpful. Criminal Law Primary Assignment Orientation Programs (October 2010, January, June and September 2011) Each Criminal Law Primary Assignment Orientation program contained a segment that focused on issues unique to domestic violence cases in the criminal law area. Twenty-eight participants attended the October program, thirty-eight attended the January program, twenty-five attended the June program, and nineteen participants attended the September program. Sample comments follow: [As a result of the program, I will] be more aware of domestic violence requirements when taking pleas at misdemeanor arraignment. ANNUAL REPORT, OCTOBER 1, 2010-SEPTEMBER 30, 2011

11 5 Outlining the mandatory conditions of probation in domestic violence cases vs. criminal protective order terms and conditions [were the most beneficial parts of the course]. Also, the unique rules of evidence that are applicable in domestic violence cases was a great refresher. The presentation was informative and entertaining. [The instructors] made it easier to pay attention and absorb the information. The way the information was presented was very helpful. The examples were good. Juvenile Dependency and Delinquency Primary Assignment Orientation Programs (October 2010 and January 2011) A course entitled Juvenile Dependency Domestic Violence Restraining Orders was held at the Juvenile Law Dependency Primary Assignment Orientation Program in October 2010 and a course on domestic violence issues was held at the Juvenile Law Delinquency Primary Assignment Orientation Program in January The dependency program was attended by 15 judicial officers, and the delinquency program was attended by 30 judicial officers. A sample of the comments follows. Judge Schwarz is really good at efficient presentation of useful law and procedure [information]. Shawna is very high energy and well organized. Also, she is a visual learner herself, and I benefited a lot from her PowerPoint slides and manner of presenting. Dr. Rowe was able to explain very simply the effects of domestic violence on kids and teenagers. [As a result of the learning segment, I will] more carefully consider therapeutic options and make sure that I try to understand root causes of problems better. Also, be more educated/sensitive/ strategic about what I say to kids for whom I suspect exposure to domestic violence or trauma. Probate Primary Assignment Orientation Program (October 2010, January and September 2011) A course entitled Civil Protective Orders for Elderly and Dependent Adults was offered at the Probate Primary Assignment Orientation Program in October 2010, January 2011 and September Sixteen participants attended the October as well VIOLENCE AGAINST WOMEN EDUCATION PROJECT

12 6 as the January program. Ten participants attended the September program. The evaluations contained the following comments: Outlining the procedural steps for elder abuse restraining orders and laying out distinctions between elder abuse and [other orders under the] Domestic Violence Prevention Act (DVPA) [was the most beneficial part of this segment]. The [interactive] exercise/move out was an excellent tool to demonstrate frustrations and shortcomings of system. [As a result of attending this segment, I will] consider why the person seeking the order is before me and if the elder lacks capacity [to make decisions]. [As a result of the instruction I received on this topic, in the future I will] take as much time as I have to understand the issues in each case. I will understand the different remedies in domestic violence and in elder abuse cases. Criminal Assignment Courses Immigration Issues in Criminal Domestic Violence Cases (October 2010) Immigration issues increasingly affect judicial decisionmaking, the nature of the information presented in court, and safety issues in criminal domestic violence cases. This full-day program provided a broad overview of the elements of immigration law that may affect decisions in these cases and an understanding of the challenges facing victims of domestic violence as a result of the immigration concerns and status of the parties. This course was attended by 32 participants. A sample of the comments received from the course follows: I truly enjoyed all of [the training] and found everything to be beneficial. I enjoyed the immigration law overview. Learning about immigration consequences [was the most beneficial or helpful part of this course.] Handling Sexual Assault Cases (February/March 2011) Sexual assault cases require the judge to be familiar with a unique body of substantive and procedural law that is not necessarily applicable in other criminal cases. The judge must also be aware of and understand the dynamics of sexual assault cases, the ANNUAL REPORT, OCTOBER 1, 2010-SEPTEMBER 30, 2011

13 7 needs of the victim and specially mandated accommodations, and myths and misconceptions about sexual assault victims and offenders. This two-day course emphasized these key issues and guided the judge through managing a sexual assault trial from arraignment through sentencing and post-sentencing procedures. This course was attended by 15 participants. A sample of the comments received from the course follows: Great course! I have never left one of these courses without applying the course material in my everyday work. [As a result of this course, I will] continue to be careful about reviewing the applicable (new) law prior to making some rulings. Judge Couzens is great. [He] teaches at the right speed and uses class expertise without any defensiveness. Administrative Office of the Courts/California Components of the National Association of Women Judges Conference (October 2010) The National Association of Women Judges held its 32nd annual conference in San Francisco in October Judge Barbara Zúñiga, from the Superior Court of Contra Costa County, served as the conference chair, and Justice Mark B. Simons, Associate Justice of the Court of Appeal, First Appellate District, Division Five, served as conference education chair. VAWEP supported five courses during the conference. Course titles, the number of participants, and comments provided by participants follow. Girl Trouble A Video Screening and Panel Discussion. Girl Trouble is an award winning film that takes an intimate look at the compelling personal stories of three teenage girls involved in the juvenile justice system. Screening of the film was followed by a panel discussion. The panel focused on the juvenile justice response to girl trouble, how to reach these girls, and how to identify the essential elements of programs that work. They analyzed the strengths and weaknesses of various approaches. Faculty also emphasized strategies, including prevention programs, for dealing with the family violence issues that arise so frequently in these cases. One hundred and six participants attended the workshop and offered the following comments. [This was an] excellent program, and insight into juvenile justice areas of law [was] so invaluable as juvenile judge. Fabulous! An unparalleled experience! VIOLENCE AGAINST WOMEN EDUCATION PROJECT

14 8 [Judge] Vlavianos is a superb teacher. Ms. Guzman is very good. Judge Vlavianos is simply breathtaking good. Reducing Risk and Assessing Dangerousness in Criminal Domestic Violence Cases The workshop featured a review of important national research on assessing dangerousness and lethality in domestic violence incidents and the assessment tools developed as part of the research conducted by Dr. Jacquelyn Campbell. Thirty one participants attended the workshop and offered the following comments: Both very good with their presentations. Aging and the Dynamics of Elder Abuse The workshop discussed normal aging, emphasized that advanced age does not equal incapacity, and explored the ways in which society s perceptions of age and ageist assumptions can impact the courts treatment of elders and an elder victim s perception of his or her legal options. Thirty-three participants attended the workshop and offered the following comments: Excellent session and power point. Wonderful Informative and entertaining. Jurisdictional Issues: Tribal Courts and State and Federal Courts and Domestic Violence This course highlighted the challenges to ensuring safety for Native American victims of domestic violence and accountability of the perpetrators, and showcased strategies for overcoming these challenges through intergovernmental agreements. These challenges included historical factors, jurisdictional confusion, the interplay between tribal, state and federal courts, the lack of accessibility to state courts, and barriers to ensuring that tribal court restraining orders are afforded full faith and credit. Using a case scenario and drawing on national research, faculty engaged participants in discussion about key issues. Managing for Safety: A Course for Presiding Judges and Court Executive Officers on Management Issues Involving Domestic Violence Cases (January 2011) Allegations of domestic violence arise in a variety of case types and bring with them unique features and issues of public safety, access to justice, and the needs of children and families. Although education for judges hearing these cases is readily available, no educational programs have yet focused on the management challenges these cases may present to the court. This course, a collaboration among the National Council of Juvenile and Family Court Judges, Futures Without Violence (formerly the Family ANNUAL REPORT, OCTOBER 1, 2010-SEPTEMBER 30, 2011

15 9 Violence Prevention Fund), and the Administrative Office of the Courts, was an innovative and interactive pilot program designed to explore the managerial role of executive level judges and court managers with respect to these critical cases. Training topics included but were not limited to, the impact and dynamics of domestic violence, case and calendar management, assignments, staff and judicial officers training. Participants were asked to evaluate the course modules and provide feedback on the effectiveness of the course. Twenty-three participants attended the course and offered the following comments: [One of the important things I learned from the program is] more information (background circumstances) leads to better decisions. Staff are really [in the] front line in getting victims and other court participants to the appropriate resources. [I learned] that domestic violence cases and issues require refined filters at different points of contact with court(s) to coordinate community & systemic response. [I also learned of the] importance of more training for staff. [I will use the information I learned in this program to] work on improving the point of first contact (maybe to include staff training like choices ). [I will] work with court commissioners on improving practice to focus more on early and more streamlined access to court relief. Family Law Conference (February 2011) The project partnered with the Legal Aid Association of California and sponsored six courses held during their annual family law conference. A total of 112 participants from community based legal service agencies attended the conference. The quantitative evaluations confirmed that the sessions provided useful information and the faculty members were effective. The course titles, descriptions, and comments from participants follow. Assisting Undocumented LGBT Immigrant Victims of Domestic Violence The presentation covered immigration-related protections for victims of domestic violence and other crimes. Panel discussions included eligibility requirements and potential barriers to obtaining immigration status for clients who are Special Immigrant Juveniles, U-Visa Immigrants, or applying for protection under the Violence Against Women Act. The panel also presented tips for working with lesbian, gay, bisexual & transgender (LGBT) clients. Twenty-three participants attended this course. An excellent presentation on two complex, intersecting areas of law and society. VIOLENCE AGAINST WOMEN EDUCATION PROJECT

16 10 Great presentation. Need more time. Very informative and clear with great examples. Cultural Competency in Addressing Domestic Violence with our Aging Populations A growing number of seniors are suffering from abuse and neglect across the country. This course discussed the impact of abuse on Asian Pacific Islanders and other immigrant seniors in the Bay Area. These groups of seniors are particularly vulnerable as they face language and cultural barriers. The workshop also discussed why existing programs and services for seniors may not match the broad diversity in culture, language, and identity of immigrant seniors in the Bay Area. Thirty-four participants attended this course. Comments from participants include: Excellent presentation. Akiko s insights were very on point. Good comparison between domestic violence and elder abuse domestic violence. More on the financial abuse aspect of elder abuse law would be interesting and useful. Good job overall. An excellent presentation both instructors were very knowledgeable. Domestic Violence Basics for Legal Service Providers and Court Based Staff This workshop provided an introduction to the subject of Intimate Partner Violence (IPV) with an emphasis on Battering/Intimate Terrorism. The session covered the identification and discussion of other categories of IPV including, violence perpetrated by women; a brief historical review of violence against women in history and the law; the nature of the impact and trauma on victims and children exposed to IPV; high risk/lethality factors; and related considerations and red flags for working with clients. Thirteen participants attended this course and comments included: Excellent presentation stimulated interest in further research and more understanding of psycho-dynamics of domestic violence and response to domestic violence. Responding to Teen Dating Violence: Educational and Community This presentation provided a comprehensive overview of dating violence legal issues from the perspectives of individual victims, communities, and schools. Presenters from the Family Violence Law Center and the California Women s Law Center shared model policies for community and school-based responses. Thirteen participants attended this course and comments included: Great presentation! ANNUAL REPORT, OCTOBER 1, 2010-SEPTEMBER 30, 2011

17 11 I really enjoyed and found this topic extremely interesting. Understanding the Challenges of Assisting and Representing Domestic Violence Victims: a Legal Services Primer for Newer Advocates or Advocates with Limited Experience Working with Domestic Violence Victims This course was designed for newer legal services advocates, advocates unfamiliar with working with domestic violence victims, and support staff. Faculty analyzed the dynamics facing domestic violence victims and how their challenges become challenges for legal services advocates and staff. The speaker provided specific advice to participants on how to prepare for typical challenges the client is likely to face, how to advise clients and how to ensure better outcomes for the client and the attorney-client relationship. Twenty-seven participants attended this course and comments included: [This course] made me realize that I need to do more to meet the various service providers in my area that I refer clients and learn more about services available in my community for all the non-legal needs of clients. Knowledge and experience in domestic violence matters is invaluable also mentioning brain studies re: ADHD & chaotic memory it opens a whole new world of beginning to help us understand children in an out of the box way. Excellent presentation by Ms. Cohen. She is a wealth of experience and a natural teaching ability. I hope her spontaneity was not curtailed by the presence of men in the room. When is Abuse Not Abuse: Examining the Differing Standards in Nadkarni and S.M. v. E.P. Through the forum of a mock domestic violence restraining order hearing, attendees observed a demonstration of the direct and cross examination of an expert witness called to authenticate electronic evidence, and heard attorneys use the contradictory holdings of Nadkarni and S.M. v. E.P. to argue their case for and against the imposition of a restraining order based on recent acts of non-physical conduct. Forty-one participants attended this course and comments included: Both speakers were knowledgeable and presented the information in a clear and understandable manner. Very good presentation of information especially with respect to the closing argument. Very enjoyable. Gracias! VIOLENCE AGAINST WOMEN EDUCATION PROJECT

18 12 An excellent presentation on an aspect of DV that had not been presented heretofore. I like the exercises. We should have more trainings like this. Ethics and Self-Represented Litigants in Domestic Violence Cases (March 2011) The course began with a half-day segment on the nuts and bolts of restraining and protective order proceedings. The remainder of the course focused on general judicial ethics issues that arise in domestic violence cases such as disqualification, disclosure, ex parte communication, and community outreach, as well as application of the ethical canons in the context of increased numbers of self-represented litigants in domestic violence cases. The course also provided an opportunity for participants to demonstrate and practice demeanor and communication skills during a taping and feedback session. The taping session included a segment of a domestic violence proceeding that illustrated one or more of the issues presented during the course. Sixteen judical officers attended the course and offered the following representative comments: [The most beneficial part of the course was the] opportunity to hear how these issues are handled by judicial officers from other counties. [As a result of the information I learned from this training, I] need to talk to court staff about courtroom environment when litigants are present but I m not on the bench. [As a result of the this course, I learned that] I may give more admonitions at the beginning of my pro per calendar. Family Law Institute and 2011 Family Dispute Resolution (FDR) Institute Renewal and Rededication: 30 Years Serving California s Children and Families (April 2011) The Family Law Institute was held jointly with the 2011 Family Dispute Resolution Institute to allow family law judges and commissioners to attend educational programs along with family court services mediators and evaluators. Following is a description of the courses offered. Family Law Institute Use of Technology in Domestic Violence Cases This workshop focused on the use of technology as an element of abuse in family law cases when domestic violence is alleged. Topics relating to social media and other ANNUAL REPORT, OCTOBER 1, 2010-SEPTEMBER 30, 2011

19 13 methods of electronic communication were addressed. Faculty also discussed the evidentiary issues raised by the use of technology, making a record in these cases, and the role of the judge when the parties are not represented by counsel. The course was attended by 14 participants who offered the following comments. [The most beneficial part of the course was getting a] practical basic education on terms and electronic elements. [As a result of this course, I will] pay closer attention to quality of evidence. [As a result of this course, I will] consider restraining order requests that include e-harassment more seriously. Family Dispute Resolution Institute Renewal and Rededication: 30 Years Serving California s Children and Families Interviewing Children About Violence and Abuse This workshop focused on research-based techniques for increasing the accuracy and completeness of children s reports about violence and abuse. Faculty discussed the best means of building rapport, minimizing suggestibility, increasing honesty, and increasing completeness. The workshop also included both a discussion of research findings and excerpts from interviews with children questioned about violence and abuse. Two hundred and fifteen participants attended the course and offered the following comments: Everything in the course was excellent and useful, this was the best short course on child interviewing I have ever attended. The video examples were very helpful to illustrate the concepts. Research graphs were good visual cues. I found the videos of interviews very helpful. I also appreciated that Dr. Lyon analyzed his own interview and suggested how he too could improve his former interview. Cultural Considerations in Custody Disputes Involving Domestic Violence This workshop focused on providing a baseline definition of culture and cultural competency. Faculty then guided and facilitated a group discussion about the effects of cultural misinformation and challenging cultural practices on resolving custody disputes when domestic violence is alleged. The workshop also included a discussion of ways in which cultural communities may provide helpful resources for families confronting these issues. Seventy-nine participants attended the workshop and offered the following comments: VIOLENCE AGAINST WOMEN EDUCATION PROJECT

20 14 The case scenarios utilized to discuss the importance of cultural consideration [were very beneficial]. I am pleased the discussion allowed for us to see the prejudicial mirror we use to judge our clients. [I recommend that] this class should be longer to deeper analyze the issues and should be mandatory for all mediators. Law Enforcement s Role in Domestic Violence Calls This course was designed to develop participants knowledge of law enforcement s responsibilities and mandates regarding domestic violence calls. As part of the presentation, faculty played recorded samples of domestic-violence-related 911 calls. The challenges of victim dynamics and the history of domestic violence in a couple s relationship were also explored. The course was attended by 98 participants who offered the following comments: What was confirming to our profession [mediators] and to the presenter was not only his expertise in law enforcement but also his knowledge of the psychological aspects of domestic violence. It s wonderful that [police] officers are being trained in this manner. The 911 calls were very compelling. It went straight to my heart. The picture also spoke to me a picture is worth a thousand words. [The] question and answer period during [the] presentation clarified and helped expand nuances of domestic violence. Spousal/Partner Abuse: Domestic Violence Assessment and Intervention This workshop focused on assessing cases of domestic violence using a contextsensitive scale. Michael P. Johnson s categories and Amy Holtzworth Monroe s work were also discussed. The workshop was attended by 113 participants offering the following comments: Stories and examples [were most beneficial to me]. She [the instructor] is in the trenches; no one would fall asleep on this one! She approaches this topic so genuinely that it helps me look at these situations with a new set of eyes. [My suggestions for changes are] None maybe [split course] in two parts, to allow more time to have discussion regarding scenario (video). Presenter was able to maintain interest and present important information. ANNUAL REPORT, OCTOBER 1, 2010-SEPTEMBER 30, 2011

21 15 [An] excellent presenter. Knowledgeable and able to keep you interested the entire time. Good sense of humor that she uses well in presenting a difficult topic Cow County Judges Institute (May 2011) The Cow County Judges Institute is a unique opportunity to present courses to rural judges in an environment that allows for discussion of substantive and procedural law and their unique features in a rural setting. Three workshops were offered at the Cow County Judges Institute: Domestic Violence and Rural Courts: Selected Issues; Handling Sexual Assault Cases; and Use of Technology in Domestic Violence Cases. Domestic Violence and Rural Courts: Selected Issues This course offered a multidisciplinary nuts and bolts look at how a rural location may present unique issues for alleged victims and perpetrators in domestic violence cases and innovative approaches some rural courts have used to deal with these issues. Primary areas of focus for a broad overview were: special issues relating to restraining orders under the Domestic Violence Prevention Act; unique procedures in criminal domestic violence proceedings, priority of protective orders in different case types and the potential for conflicting orders; and questions of child custody when domestic violence is an issue in the case. The workshop was attended by 17 participants offering the following comments:. [The most beneficial part of the course was the] criminal protective orders and firearms information. [As a result of this course, I will] try to get more information before [making] orders. Great refresher [course]!! Handling Sexual Assault Cases Sexual assault cases require the judge to be familiar with a unique body of substantive and procedural law that is not necessarily applicable in other criminal cases. The judge must also be aware of and understand the dynamics of sexual assault cases, the needs of the victim and specially mandated accommodations, and myths and misconceptions about sexual assault victims and offenders. This course emphasized these key issues and guided the judge through managing a sexual assault trial from arraignment through sentencing and postsentencing procedures. Key topics included: voir dire/jury issues, experts, offender characteristics, special protection for victims, impact of DNA, sentencing, postsentencing procedures for sexually violent predators and mentally disordered sex offenders. The workshop was attended by 12 participants offering the following comments: VIOLENCE AGAINST WOMEN EDUCATION PROJECT

22 16 A lengthier course would be beneficial, but this course was an excellent overview We are incredibly fortunate to have Judge Couzens knowledge and expertise. Without a doubt, his diligent work and approachability elevates the quality of the entire judiciary. [The most helpful part of this course was] Judge Couzens expertise and his generosity in providing a copy of his sex offenders guide absolutely invaluable. Use of Technology in Domestic Violence This course focused on the use of technology as an element of abuse in various case types when domestic violence is alleged. Topics relating to social media and other methods of electronic communication were addressed. Faculty also discussed the evidentiary issues raised by the use of technology, making a record in these cases, and the role of the judge when the parties are not represented by counsel. The workshop was attended by 12 participants offering the following comments: Overview of current technology [was the most beneficial part of the course]. California Institute on Self-Represented Litigants (June 2011) This institute brought together self-help center providers (including family law facilitators, small claims advisors, and legal services providers), court administrators, legal aid providers, and law librarians to learn from one another and experts in the field about the most promising strategies in serving self-represented litigants. The project sponsored a full-day track on domestic violence, attended by 22 participants, and two courses entitled A Collaborative Approach to Addressing the Needs of Self Represented Litigants Seeking or Responding to Orders, attended by 22 participants, and Addressing Domestic Violence in Native American Communities, attended by 19 participants. Domestic Violence Track This all-day workshop provided skills to help self-help center staff, legal services and family court services staff assist the parties in domestic violence cases. It included discussion of the basics of domestic violence and its impact, how to help litigants prepare effective declarations, how to provide services in the courtroom, and how to cope with the stress associated with working on these cases. The workshop also discussed screening strategies for mediation or other settlement efforts and identified ways to address power imbalances and ensure a safe environment for settlement discussions. Comments from the course evaluations follow.. ANNUAL REPORT, OCTOBER 1, 2010-SEPTEMBER 30, 2011

23 17 Great handouts that generated a good discussion Glad to be consulted on the domestic violence forms. Domestic violence and mediation is a difficult complex topic - excellent work on facing it head-on. I learned a lot. Appreciated the information for staff (court); it was an eye opener providing a different perspective. Addressing Domestic Violence in Native American Communities Workshop participants received an overview of tribal and non-tribal self help programs in California, including practical information on how to provide culturally appropriate, safe and confidential advocacy and support. Participants also learned about improved access to courts and services to Native Americans impacted by domestic violence and sexual assault who live in primarily isolated and rural communities. Finally the panelists led a discussion on services provided by the Northern California Tribal Courts Coalition in Humboldt and Del Norte Counties and Inyo and Imperial Counties. Comments from the evaluations follow. Really enjoyed the vast variety of information from a panel of speakers. Great panel! A Collaborative Approach to Addressing the Needs of Self Represented Litigants Seeking or Responding to Orders This workshop addressed the legal and safety concerns of self-represented litigants seeking or responding to restraining orders in Family Court. Presenters provided an overview of a unique, collaborative court-based program providing direct social services during restraining order hearings while linking to legal services as needed or requested. Comments from the evaluations follow. Excellent! The services discussed in this session are essential! So glad I heard them speak on this!! Great, well organized PowerPoint presentation. Great resource on pro bono attorneys. VIOLENCE AGAINST WOMEN EDUCATION PROJECT

24 18 State Court/Tribal Court Forum (June 2011) The Tribal Court/State Court Forum convened an educational session on June 17, 2011 and learned about the following topics: (1) history of California Indians and dynamics of domestic violence in native communities; (2) structure of tribal governments; (3) tribal court development in California; and (4) models of tribal court-state court collaboration. The program was attended by 18 participants offering the following comments: [A beneficial part of the session was the] discussions regarding how tribal courts interact with councils and with each other. How they work. I will be able to do a better work on drafting legislation and rules regarding state court across regarding tribal courts. Good job wish the meeting went longer to flush out other issues. B. E. Witkin Judicial College of California (August 2011) The B. E. Witkin Judicial College of California is a nationally recognized program providing comprehensive education to all new superior court judges, commissioners, and referees. In addition to providing information on the nuts and bolts of domestic violence laws, the domestic violence awareness course at the college also included information about the dynamics of domestic violence. Using a case scenario and a sample case file, faculty focused on laws uniquely applicable in a domestic violence trial; mastery of the mechanics of issuing, modifying, and terminating criminal and civil restraining orders in domestic violence cases; practical problems that arise in domestic violence cases; and sentencing appropriately in criminal cases. All program participants attended this mandatory course, for a total of 116 participants. A selection of comments follows. I have a domestic violence restraining order calendar once a week. Going forward I will be more aware of the cross-over issues with juvenile and criminal court orders. I thought that it was extremely helpful to see all different types of orders in one course. TECHNICAL ASSISTANCE AND LOCAL TRAINING Technical assistance and local training are provided through the Domestic Violence Safety Partnership (DVSP) project (October 2010 September 2011). The DVSP project was developed to enhance safety and to improve practices and protocols in the handling of domestic violence cases by offering advice, hands-on technical assistance, a speakers bureau/peer mentoring program, and local education and training. The project ANNUAL REPORT, OCTOBER 1, 2010-SEPTEMBER 30, 2011

25 19 also permits the procurement of computer and audiovisual equipment used in the handling of domestic violence cases. Trial courts participate in the program by completing the DVSP self-assessment tool. This tool consists of legal mandates and other safety considerations relating to domestic violence cases and, in particular, the handling of restraining orders. The assessment helps courts identify areas in which technical assistance or training may be most beneficial. Staff of the Administrative Office of the Courts (AOC) then provides educational opportunities or technical assistance at the court s request. Although courts are strongly encouraged to complete the self-assessment tool, participation in this part of the program is voluntary and not a prerequisite for obtaining assistance under this program. Courts that do complete the tool are given priority. The courts that have completed the assessment have found it useful in identifying areas where training and technical assistance are needed. The project provided ten instances of assistance to the trial courts and AOC divisions or regional offices. A list of the programs provided under DVSP follows. Family Dispute Resolution Institute for New Court Professionals The Family Dispute Resolution Institute for New Court Professionals is a three-day program especially designed for new mediators working in the trial courts. The project supported three faculty members who specifically addressed domestic violence topics. The event was attended by 40 participants. Superior Court of Butte County The Superior Court of Butte County received support for their family court services mediators to attend a domestic violence legal update program at the California State University at Chico. The training also included mediators from other nearby counties including Shasta, Tehama, Glenn, Lassen, Yuba, Trinity, Plumas, and Yolo. The course helped mediators meet the mandatory continuing education requirement for family court services mediators and evaluators. Twenty-two participants attended the program. The project also provided the court with a scanner to support its participation in the California Courts Protective Order Registry (CCPOR) project. CCPOR is a statewide repository containing images of the full text of restraining and protective orders. CCPOR provides more complete and accessible information to judicial officers and law enforcement representatives on restraining and protective orders and promotes victim safety and perpetrator accountability Superior Court of Fresno County The project sponsored two requests from the court: an Elder Court Roundtable, modeled after a similar program sponsored by the project and a second request for a training for judicial officers on restraining orders. The Elder Court Roundtable VIOLENCE AGAINST WOMEN EDUCATION PROJECT